United States v. DiSantis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defense counsel thanking judge after judge rejected counsel’s proposed instruction not “the . . . type of actual approval of a jury instruction that would constitute waiver”
• “[t]he touchstone of the waiver requirement is whether and to what extent the defendant ha[s] actually approved of the jury instructions assigned as error on appeal” [internal quotation marks omitted]
• “The ‘touchstone’ of the waiver inquiry is ‘whether and to what extent the defendant ha[s] actually approved of the jury instructions assigned as error on appeal.’ ”
• “Since the question of excessive force is so fact-intensive, the jury will often be in as good a position as the experts to decide whether the officer’s conduct was objectively reasonable.” (internal quotation marks omitted)
• “[T]he question of whether a police officer has used excessive force in arresting a suspect is a fact-intensive inquiry turning on the reasonableness of the particular officer’s actions in light of the particular facts and circumstances of the situation faced.”
• \The 'touchstone' of the waiver inquiry is 'whether and to what extent the defendant ha[s] actually approved of the jury instructions assigned as error on appeal.' \ (alteration in original) (quoting United States v. Griffin , 84 F.3d 912 , 924 (7th Cir. 1996) )

Source: CourtListener parenthetical corpus (CC0).